Case 1:03-cv-02485-MSK-PAC
Document 339-31
Filed 01/31/2006
Page 1 of 3
IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA
DUANE McCLAIN and ALES IA MILES, Individually and on
) ) )
behalf of other similarly
. situated employees,
) Case No. 1:05-CV-0416
)
vs.
INC. ,
Plaintiffs,
)
)
HEARTLAND HOME FINANCE,
¡ (C(QlPlf
)
Defendant.
)
THE DEPOS IT ION OF RACHELLE OTT MONDAY, AUGUST 22, 2005
.",,,,,!,, "'~~
The deposition of RACHELLE OTT, called by the
~laintiffs for examination pursuant to the Federal
Rules of Civil Procedure, taken before me, the
~ndersigned, Elaine S. Newlin, Registered
Professional Reporter and Notary Public within and
for the State of Ohio, taken at the offices of Cady
Reporting Services, Inc., 55 Public Square, Suite
1 2 2 5, C i eve i and, 0 hi 0 , co mm en c i n gat 1 0 ~ 0 9 a. m. the
day and date above set forth.
CADY REPORTING SERVICES, INC.
I
YOUR COMPLETE LITIGATION SUPPORT
55 Public Square, Suite 1225 Cleveland, Ohio 44113 (216) 861 -9270 1 -888-624-CADY(2239)
Email: cadystafftcadyreporting.com
Case 1:03-cv-02485-MSK-PAC
Document 339-31
Filed 01/31/2006
Page 2 of 3
13
1
My question to you LS, LS it your
2 3
4
responsibility to make sure that each loan
officer receives a draw every pay period of
$500?
A
Q
5 6
7 8
No.
Is that the branch manager's responsibility?
A
Q
Yes.
And it's the branch manager's responsibility to
indicate whether or not the loan officer gets a
full draw or a partial draw?
9
10 11 12
e",,"''":'',
A
Q
Correct.
Do you ever question the branch managers about
1¥~'
13
14
why, for example, a loan officer may receive a partial draw, or is that completely up to the
branch manager?
A
15
16
17 18
No.
That, it would be up to me to question if
they listed a partial draw.
Q
Under what circumstances would a partial draw
be acceptable under Heartland's policies?
19
20
A
If they started their employment or terminated
in the middle of a pay period.
21
22
Q
Are those the only ci rcumstance s?
.
23
24
A
Q
Yes.
On this payroll top sheet for loan officers,
25
does the branch manager indicate how many hours
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Case 1:03-cv-02485-MSK-PAC
Document 339-31
Filed 01/31/2006
Page 3 of 3
35
1
conversations with?
A
Q
2 3
4
No.
Do you have any way of finding that out?
A
Q
No.
You don't recall which manager you contacted?
5 6
7 8 9
A
Q
No.
Have you received any other questions or
inquiries or complaints regarding overtime?
A
Q
No.
No?
10 11
12
.'...0'.,.'.. '4JJJ¡n)t
A
Q
No.
Sorry.
Okay.
Are you aware if there iS
13
14
anybody at Heartland Home Finance who tracks
the loan officers i time
and I'm talking more
who actually tracks
15
about a corporate level
16
17
18
the loan officers i time on their time sheets
and makes sure that they i re being paid appropriately?
MR. POCKRASS:
Obj ection.
19 20 21 22
Q
That i s
a complex question.
You can go ahead and answer.
A
Q
It i s the responsibili ty of the branch manager.
You're not aware of that responsibility lying
with anybody at corporate?
.
23
24
25
A
No.
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